[R.O. 2009 §25-476; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The legislature of the State of Missouri has in Section 89.020,
RSMo., delegated the responsibility to local governmental units to
adopt flood plain management regulations designed to protect the health,
safety and general welfare. Therefore, the Board of Aldermen of the
City of Brentwood, Missouri, has adopted this Division as the flood
hazard regulations of the City of Brentwood.
[R.O. 2009 §25-477; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §1, 6-16-2014]
A.
Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of the City of Brentwood, Missouri, are subject
to inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
B.
General Causes Of The Flood Losses. These flood losses are
caused by:
C.
Methods Used To Analyze Flood Hazards. The Flood Insurance
Study (FIS) that is the basis of this Division uses a standard engineering
method of analyzing flood hazards which consist of a series of interrelated
steps:
[Ord. No. 4543 §1, 6-16-2014]
1.
Selection of a base flood that is based upon engineering calculations
which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation.
The base flood selected for this ordinance is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this ordinance. It is in the general
order of a flood which could be expected to have a one percent chance
of occurrence in any one year as delineated on the Federal Insurance
Administrator's FIS, and illustrative materials for St. Louis County
dated August 2, 1995 and August 23, 2000 as amended, and any future
revisions thereto.
2.
Calculation of water surface profiles are based on a standard hydraulic
engineering analysis of the capacity of the stream channel and overbank
areas to convey the regulatory flood.
3.
Computation of a floodway required to convey this flood without increasing
flood heights more than one (1) foot at any point.
4.
Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
5.
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines, but still subject to inundation by the base flood.
[R.O. 2009 §25-478; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
It is the purpose of this Division to promote the public health, safety and general welfare; to minimize those losses described in Subsection 400.2780(A); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Division to:
1.
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flooding or cause undue increases in flood heights
or velocities;
2.
Require uses vulnerable to floods, including public facilities that
serve such uses, be provided with flood protection at the time of
initial construction; and
3.
Protect individuals from buying lands that are unsuited for the intended
development purposes due to the flood hazard.
[R.O. 2009 §25-479; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §2, 6-16-2014; Ord. No. 4543 §2, 6-16-2014]
This Division shall apply to all lands within the jurisdiction of the City of Brentwood identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) for St. Louis County, Missouri on Map Panels 29189C0188H, 29189C0189H, 29189CO301H, and 29189CO302H, dated August 2, 1995, as amended, and any future revisions thereto. In all areas covered by this Division, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Sections 400.2890, 400.2900, 400.2910, 400.2920 and 400.2930.
[R.O. 2009 §25-480; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The Director of Planning and Development or his/her designee
is hereby designated as the Flood Plain Administrator under this Division.
[R.O. 2009 §25-481; Ord. No. 3859 §1(Exh. A), 12-16-2002]
No development located within the special flood hazard areas
of this community shall be located, extended, converted or structurally
altered without full compliance with the terms of this Division and
other applicable regulations.
[R.O. 2009 §25-482; Ord. No. 3859 §1(Exh. A), 12-16-2002]
It is not intended by this Division to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where
this Division imposes greater restrictions, the provisions of this
Division shall prevail. All other ordinances inconsistent with this
Division are hereby repealed to the extent of the inconsistency only.
[R.O. 2009 §25-483; Ord. No. 3859 §1(Exh. A), 12-16-2002]
In their interpretation and application, the provisions of this
Division shall be held to be minimum requirements, shall be liberally
construed in favor of the Governing Body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
[R.O. 2009 §25-484; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The degree of flood protection required by this Division is
considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. Larger floods may occur on rare occasions
or the flood heights may be increased by manmade or natural causes,
such as ice jams and bridge openings restricted by debris. This Division
does not imply that areas outside the floodway and flood fringe or
land uses permitted within such areas will be free from flooding or
flood damage. This Division shall not create a liability on the part
the City of Brentwood or any officer or employee thereof for any flood
damages that may result from reliance on this Division or any administrative
decision lawfully made thereunder.
[R.O. 2009 §25-486; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A flood plain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 400.2800. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate flood plain development permit for each structure or other development.
[Ord. No. 5147, 8-19-2024]
A.
Definition. As used in this Section a "temporary structure" means a non-residential structure permitted as a special use in accordance with Section 400.020 of the Brentwood City Code.
B.
Duration.
A temporary structure may be permitted for a period of thirty (30)
days; and may be extended as circumstances warrant in the judgment
of the Floodplain Administrator, but in no case shall a permit for
any temporary structure be issued for a period greater than one hundred
eighty (180) days in any twelve (12) month period.
C.
Permit Required. Any temporary structure permitted as a special use that is located within the special flood hazard area, shall, in addition to the administrative special use permit required by Section 400.020 ("special use"), also require a temporary floodplain development permit, the term of which shall be the same as that of the special use permit, subject to the durational limits set forth above.
D.
Application.
Application for a temporary floodplain development permit will be
reviewed for compliance consistent with the requirements for a floodplain
development permit, excepting those reasonably determined by the Floodplain
Administrator as inapplicable or not required, said determination
to be made on a case-by-case basis, considering, but not limited to,
the following factors:
1.
Whether use of the temporary structure(s) is appropriate for the
area covered by the special use permit and is not unreasonable.
2.
Whether the proposed temporary structure(s) cannot reasonably meet,
nor be adapted to meet, NFIP design standards.
3.
Adequacy of the anchoring for temporary structure(s) to prevent flotation,
collapse, or excessive lateral movement; provided, however, that this
factor shall not apply to fencing so designed that water can readily
flow through it and such that it will be pushed over or ripped out
early in a flood event.
4.
Ability to remove temporary structure(s) to reduce flood damage during
or in anticipation of a flood event.
5.
Seasonality of the proposed temporary structure(s) and the reasonable
likelihood of flooding events at the time of the proposed temporary
use and presence of the temporary structure(s).
E.
Emergency
Removal. Under impending or existing emergency conditions, temporary
structure(s) shall be removed as directed by the City Administrator.
F.
Plan
Compliance. Deviation from the approved site plan submitted with temporary
floodplain development permit application shall be a violation of
that permit and cause for immediate revocation.
G.
Removal.
Temporary structure(s) shall be removed upon or before expiration
of the permit period and the subsequent use of the land shall be as
it was prior to the permit approval.
[R.O. 2009 §25-488; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Duties
of the Flood Plain Administrator shall include, but not be limited
to:
1.
Review of all applications for flood plain development permits to
assure that sites are reasonably safe from flooding and that the flood
plain development permit requirements of this Division have been satisfied;
2.
Review of all applications for flood plain development permits for
proposed development to assure that all necessary permits have been
obtained from Federal, State or local governmental agencies from which
prior approval is required by Federal, State or local law;
3.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding;
4.
Issue flood plain development permits for all approved applications;
5.
Notify adjacent communities and the State Emergency Management Agency
prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Emergency Management
Agency (FEMA);
6.
Assure that the flood-carrying capacity is not diminished and shall
be maintained within the altered or relocated portion of any watercourse;
7.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) of the lowest floor, including basement, of all
new or substantially improved structures;
8.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) that the new or substantially improved non-residential
structures have been floodproofed;
9.
When floodproofing techniques are utilized for a particular non-residential
structure, the Flood Plain Administrator shall require certification
from a registered professional engineer or architect.
[R.O. 2009 §25-489; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
To
obtain a flood plain development permit, the applicant shall first
file an application in writing on a form furnished for that purpose.
Every flood plain development permit application shall:
1.
Describe the land on which the proposed work is to be done by lot,
block and tract, house and street address or similar description that
will readily identify and specifically locate the proposed structure
or work;
2.
Identify and describe the work to be covered by the flood plain development
permit;
3.
Indicate the use or occupancy for which the proposed work is intended;
4.
Indicate the assessed value of the structure and the fair market
value of the improvement;
5.
Specify whether development is located in designated flood fringe
or floodway;
6.
Identify the existing base flood elevation and the elevation of the
proposed development;
7.
Give such other information as reasonably may be required by the
Flood Plain Administrator;
8.
Be accompanied by plans and specifications for proposed construction;
and
9.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
[R.O. 2009 §25-490; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Conditions. No permit for flood plain development shall
be granted for new construction, substantial improvements and other
improvements, including the placement of manufactured homes, within
any numbered or unnumbered A Zones and AE Zones, unless the conditions
of this Section are satisfied.
B.
Unnumbered A Zones. All areas identified as unnumbered A
Zones on the FIRM are subject to inundation of the 100-year flood;
however, the base flood elevation is not provided. Development within
unnumbered A Zones is subject to all provisions of this Division.
If Flood Insurance Study data is not available, the community shall
obtain, review and reasonably utilize any base flood elevation or
floodway data currently available from Federal, State or other sources.
C.
Floodway Designation. Until a floodway is designated, no
new construction, substantial improvements or other development, including
fill, shall be permitted within any numbered A Zone or AE Zone on
the FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation
of the base flood more than one (1) foot at any point within the community.
D.
Requirements. All new construction, subdivision proposals,
substantial improvements, prefabricated structures, placement of manufactured
homes and other developments shall require:
1.
Design or adequate anchorage to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
2.
Construction with materials resistant to flood damage;
3.
Utilization of methods and practices that minimize flood damages;
4.
All electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
5.
New or replacement water supply systems and/or sanitary sewage systems
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters and on-site
waste disposal systems be located so as to avoid impairment or contamination;
and
6.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
a.
All such proposals are consistent with the need to minimize flood
damage;
b.
All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
c.
Adequate drainage is provided so as to reduce exposure to flood hazards;
and
d.
All proposals for development, including proposals for manufactured
home parks and subdivisions, of five (5) acres or fifty (50) lots,
whichever is lesser, include within such proposals base flood elevation
data.
E.
Storage, Material And Equipment.
1.
The storage or processing of materials within the special flood hazard
area that are in time of flooding buoyant, flammable, explosive or
could be injurious to human, animal or plant life is prohibited.
2.
Storage of other material or equipment may be allowed if not subject
to major damage by floods, if firmly anchored to prevent flotation,
or if readily removable from the area within the time available after
a flood warning.
F.
Accessory Structures. Structures used solely for parking
and limited storage purposes, not attached to any other structure
on the site, of limited investment value and not larger than four
hundred (400) square feet may be constructed at-grade and wet-floodproofed
provided there is no human habitation or occupancy of the structure,
the structure is of single-wall design, a variance has been granted
from the standard flood plain management requirements of this Division,
and a flood plain development permit has been issued.
[R.O. 2009 §25-491; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided as set forth in Section 400.2890(B), the following provisions are required:
1.
Residential construction. New construction or substantial
improvement of any residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to
at least one (1) foot above base flood elevation.
2.
Non-residential construction. New construction or
substantial improvement of any commercial, industrial or other non-residential
structures, including manufactured homes, shall have the lowest floor,
including basement, elevated to at least one (1) foot above the base
flood elevation or, together with attendant utility and sanitary facilities,
be floodproofed so that below the base flood elevation the structure
is water-tight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall certify that the standards
of this Subsection are satisfied. Such certification shall be provided
to the Flood Plain Administrator as set forth in Section 400.2870(9).
3.
Require, for all new construction and substantial improvements, that
fully enclosed areas below lowest floor used solely for parking of
vehicles, building access or storage in an area other than a basement
and that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a.
A minimum of two (2) openings having a total net area of not less
than one (1) square inch for every square foot of enclosed area subject
to flooding shall be provided; and
b.
The bottom of all opening shall be no higher than one (1) foot above
grade. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
[R.O. 2009 §25-492; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
All
manufactured homes to be placed within all unnumbered and numbered
A Zones and AE Zones on the community's FIRM shall be required to
be installed using methods and practices that minimize flood damage.
For the purposes of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
B.
Require
manufactured homes that are placed or substantially improved within
unnumbered or numbered A Zones and AE Zones on the community's FIRM
on sites:
1.
Outside of manufactured home park or subdivision;
2.
In a new manufactured home park or subdivision;
3.
In an expansion to an existing manufactured home park or subdivision;
or
4.
In an existing manufactured home park or subdivision on which a manufactured
home has incurred substantial damage as the result of a flood,
|
|
be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to at least one (1) foot above
the base flood elevation and be securely attached to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
|
C.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the community's FIRM, that are not subject to the provisions of Section 400.2910(B) of this Division, be elevated so that either:
1.
The lowest floor of the manufactured home is at least one (1) foot
above the base flood level; or
2.
The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than thirty-six (36) inches in height above grade and be securely
attached to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
[R.O. 2009 §25-493; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Located within areas of special flood hazard established in Section 400.2800 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based
on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one (1) foot at
any point.
2.
The community shall prohibit any encroachments, including fill, new
construction, substantial improvements and other development, within
the adopted regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result
in any increase in flood levels within the community during the occurrence
of the base flood discharge.
3.
If Section 400.2920(2) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of these regulations.
4.
In unnumbered A Zones, the community shall obtain, review and reasonably utilize any flood elevation or floodway data currently available from Federal, State or other sources as set forth in Subsection 400.2890(B).
[R.O. 2009 §25-494; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §3, 6-16-2014; Ord. No. 4543 §3, 6-16-2014]
A.
Require that recreational vehicles placed on sites within all unnumbered
and numbered A zones and AE zones on the community's FIRM:
1.
Be on the site for fewer than one hundred eighty (180) consecutive
days, and be fully licensed and ready for highway use*; or
2.
Meet the permitting, elevation, and the anchoring requirements
for manufactured homes of this Division.
|
*A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick-disconnect
type utilities and security devices, and has no permanently attached
additions.
|
[R.O. 2009 §25-495; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The Board of Adjustment as established by the City of Brentwood,
Missouri, shall hear and decide appeals and requests for variances
from the flood plain management requirements of this Division.
[R.O. 2009 §25-496; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Where an application for a flood plain development permit or request for a variance from the flood plain management regulations is denied by the Flood Plain Administrator, the applicant may apply for such flood plain development permit or variance directly to the Appeal Board as defined in Section 400.2940.
B.
The
Board of Adjustment shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision or determination
made by the Flood Plain Administrator in the enforcement or administration
of this Division.
[R.O. 2009 §25-497; Ord. No. 3859 §1(Exh. A), 12-16-2002]
Any person, any neighborhood organization as defined in Section
32.105, RSMo., representing such person, aggrieved by the decision
of the Board of Adjustment may appeal such decision to the Circuit
Court.
[R.O. 2009 §25-498; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
In
passing upon such applications for variances, the Board of Adjustment
shall consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Division and the following
criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury
of others;
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flood damage,
for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the Comprehensive Plan and
Flood Plain Management Program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, if applicable, expected at the site;
and
11.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems, streets
and bridges.
[R.O. 2009 §25-499; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
B.
Variances
may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places,
the State Inventory of Historic Places or local inventory of historic
places upon determination provided the proposed activity will not
preclude the structure's continued historic designation.
C.
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
D.
Variances
shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
E.
Variances
shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or Divisions.
F.
A
community shall notify the applicant in writing over the signature
of a community official that:
1.
The issuance of a variance to construct a structure below base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage, and
2.
Such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record
of all variance actions as required by this Division.
[R.O. 2009 §25-500; Ord. No. 3859 §1(Exh. A), 12-16-2002]
A.
Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Sections 400.2970 and 400.2980 of this Division.
B.
In
order to minimize flood damages during the 100-year flood and the
threat to public health and safety, the following conditions shall
be included for any variance issued for accessory structures that
are constructed at-grade and wet-floodproofed.
1.
Use of the accessory structures must be solely for parking and limited
storage purposes in Zone A only as identified on the community's Flood
Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 400.2890(D)(2) of this Division.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 400.2890(D)(1) of this Division. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 400.2890(D)(4) of this Division.
5.
The accessory structures must meet all National Flood Insurance Program
(NFIP) opening requirements. The NFIP requires that enclosure or foundation
walls, subject to the 100-year flood, contain openings that will permit
the automatic entry and exit of floodwaters in accordance with Section
400.2900(3) of this Division.
6.
The accessory structures must comply with the flood plain management
floodway encroachment provisions of Section 400.2920(2) of this Division.
No variances may be issued for accessory structures within any designated
floodway, if any increase in flood levels would result during the
100-year flood.
7.
Equipment, machinery or other contents must be protected from any
flood damage.
8.
No disaster relief assistance under any program administered by any
Federal agency shall be paid for any repair or restoration costs of
the accessory structures.
9.
A community shall notify the applicant in writing over the signature
of a community official that
a.
The issuance of a variance to construct a structure below base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage, and
b.
Such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record
of all variance actions as required by this Division.
10.
Wet-floodproofing construction techniques must be reviewed and approved
by the community and registered professional engineer or architect
prior to the issuance of any flood plain development permit for construction.
[R.O. 2009 §25-501; Ord. No. 3859 §1(Exh. A), 12-16-2002]
Violation of the provisions of this Division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute an ordinance violation. Any person who violates this Division or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties set forth in Section 100.080 of the Brentwood City Code. Nothing herein contained shall prevent the City of Brentwood or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[R.O. 2009 §25-502; Ord. No. 3859 §1(Exh. A), 12-16-2002]
The regulations, restrictions and boundaries set forth in this
Division may from time to time be amended, supplemented, changed or
appealed to reflect any and all changes in the National Flood Disaster
Protection Act of 1973, provided however, that no such action may
be taken until after a public hearing in relation thereto, at which
parties of interest and citizens shall have an opportunity to be heard.
Notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the City of Brentwood. At least
twenty (20) days shall elapse between the date of this publication
and the public hearing. A copy of such amendments will be provided
to the Region VII office of the Federal Emergency Management Agency
(FEMA). The regulations of this Division are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[R.O. 2009 §25-503; Ord. No. 3859 §1(Exh. A), 12-16-2002; Ord. No. 4542 §4, 6-16-2014]
Unless specifically defined below, words or phrases used in
this Division shall be interpreted so as to give them the same meaning
they have in common usage and to give this Division its most reasonable
application.
See "base flood."
[Ord. No. 4543 §4, 6-16-2014]
The same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
[Ord. No. 4543 §4, 6-16-2014]
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
[Ord. No. 4543 §4, 6-16-2014]
A request for review of the Flood Plain Administrator's interpretation
of any provision of this Division or a request for a variance.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
The land in the flood plain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE".
The official of the community who is charged with the authority
to implement and administer laws, Divisions and regulations for that
community.
Any State or area or political subdivision thereof which
has authority to adopt and enforce flood plain management regulations
for the areas within its jurisdiction.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred
to as "existing structures".
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed before the effective date of the flood
plain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of inland;
and/or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An official map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A Zones.
An official map of a community on which the administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from
any source. (See "FLOODING".)
The operation of an overall program of corrective and preventive
measures for reducing flood damage including, but not limited to,
emergency preparedness plans, flood control works and flood plain
management regulations.
Zoning Divisions, subdivision regulations, building codes,
health regulations, special purpose Divisions (such as flood plain
and grading Divisions) and other applications of police power. The
term describes such State or local regulations, in any combination
thereof, that provide standards for the purpose of flood damage prevention
and reduction.
Any combination of structural and non-structural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities or structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
The lines marking the limits of floodways on Federal, State
and local flood plain maps.
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected
size flood and floodway conditions, such as bridge openings and the
hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable floodproofing design requirements of this Division.
A structure, transportable in one (1) or more sections, that
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For flood
plain management purposes, "new construction" means
structures for which the "start of construction" commenced on or after
the effective date of the flood plain management regulations adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date of flood
plain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the
sale of flood insurance.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including Federal, State and local
governments and agencies.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
To bring the structure or other development into compliance
with Federal, State or local flood plain management regulations or,
if this is not possible, to reduce the impacts of its non-compliance.
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, equals or exceeds twenty-five
percent (25%) of the market value of the structure before the damage
occurred.
[Ord. No. 4543 § 4, 6-16-2014]
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions
for operating costs and allowances.
See "AREA OF SPECIAL FLOOD HAZARD".
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement or other
improvements were within one hundred eighty (180) days of the permit
date. The "actual start" means either the first (1st) placement of
permanent construction of a structure on a site, such as the pouring
of slabs or footings, the installation of piles, the construction
of columns, any work beyond the stage of excavation or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling,
the installation of streets and/or walkways, excavation for a basement,
footings, piers, foundations, the erection of temporary forms, nor
installation on the property of accessory structures, such as garages
or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the "actual start of construction"
means the first (1st) alteration of any wall, ceiling, floor or other
structural part of a building, whether or not that alteration affects
the external dimensions of the building.
That agency of the State Government or other office designated
by the Governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
For flood plain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground
and affixed to a permanent site, as well as a manufactured home on
a permanent foundation. For the latter purpose, the term includes
a building while in the course of construction, alteration or repair,
but does not include building materials or supplies intended for use
in such construction, alteration or repair, unless such materials
or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to predamaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
Where the repair, reconstruction, rehabilitation or improvement
of the streets, utilities and pads equals or exceeds fifty percent
(50%) of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
[Ord. No. 4543 § 4, 6-16-2014]
A grant of relief by the community from the terms of a flood
plain management regulation. Flood insurance requirements remain in
place for any varied use or structure and cannot be varied by the
community.
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required by this
Division is presumed to be in violation until such time as that documentation
is provided.
The height in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the flood plain.
